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IN RE KAHL

Bankruptcy No. 99-14552. Adversary No. 99-0486.

240 B.R. 524 (1999)

In re Adrian KAHL, Kellie J. Kahl, Debtors. Kellie J. Kahl, Plaintiff, v. Texas Higher Education Coordinating Board, Defendant. and Andrew N. Schwartz Chapter 7 Trustee, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania. Philadelphia, Division.

October 29, 1999.

Attorney(s) appearing for the Case

Daniel K. Astin, Office of the U.S. Trustee, Philadelphia, PA,

Mark Blank, Jr., Paoli, PA,

Andrew N. Schwartz, Trustee, Philadelphia, PA,

Patrick Tyler, Attorney General, State of Texas, Austin, TX.

OPINION

STEPHEN RASLAVICH, Bankruptcy Judge.

Before the Court is a motion filed by defendant Texas Higher Education Coordinating Board ("Coordinating Board") to dismiss this adversary proceeding against it on grounds that it is immune from suit under the Eleventh Amendment to the United States Constitution. After the conclusion of a hearing held September 13, 1999, the Court took the matter under advisement. For the reasons stated more fully below, the Coordinating...

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